The appellant appealed a jury verdict regarding a motor vehicle accident where the respondent suffered a severe brain injury.
The jury found the appellant's driver 61% liable and the respondent 39% liable, awarding nearly $14 million for future care costs.
The appellant argued the liability apportionment and damages were perverse and resulted from deficient jury instructions.
The Court of Appeal dismissed the appeal on liability and damages, finding the jury's conclusions were not plainly unreasonable and the trial judge's instructions were adequate.
However, the court allowed the appeal on costs in part, reducing the substantial indemnity costs award to prevent it from amounting to full indemnity.
